Kirsten Gillibrand on Technology

Democratic Jr Senator (NY)

Voted YES on authorizing states to collect Internet sales taxes.

Congressional Summary: The Marketplace Fairness Act of 2013 authorizes each state to require all sellers with sales exceeding $1 million in the preceding calendar year to collect and remit sales and use taxes, but only if complying with the minimum simplification requirements relating to the administration of such taxes & audits.

Opponent's Argument for voting No (Cnet.com): Online retailers are objecting to S.743, saying it's unreasonable to expect small businesses to comply with the detailed--and sometimes conflicting--regulations of nearly 10,000 government tax collectors. S.743 caps years of lobbying by the National Retail Federation and the Retail Industry Leaders Association, which represent big box stores. President Obama also supports the bill.

Proponent's Argument for voting Yes: Sen. COLLINS. This bill rectifies a fundamental unfairness in our current system. Right now, Main Street businesses have to collect sales taxes
on every transaction, but outbecause -of-state Internet sellers don't have to charge this tax, they enjoy a price advantage over the mom-and-pop businesses. This bill would allow States to collect sales taxes on Internet sales, thereby leveling the playing field with Main Street businesses. This bill does not authorize any new or higher tax, nor does it impose an Internet tax. It simply helps ensure that taxes already owed are paid.

Opponent's Argument for voting No: Sen. WYDEN: This bill takes a function that is now vested in government--State tax collection--and outsources that function to small online retailers. The proponents say it is not going to be hard for small businesses to handle this--via a lot of new computer software and the like. It is, in fact, not so simple. There are more than 5,000 taxing jurisdictions in our country. Some of them give very different treatment for products and services that are almost identical.

Proponents argument for voting YEA: Rep. ETHERIDGE. This bipartisan bill provides the critical tools that our intelligence community needs to ensure the safety of our Nation--to authorize surveillance in the case of an emergency situation, provided that they return to the FISA court within 7 days to apply for a warrant.

Rep. LANGEVIN. One issue that has been repeatedly addressed is whether telecommunications companies should be granted immunity against pending lawsuits for their involvement in the earlier surveillance program. This legislation preserves a role for the U.S. court system to decide independently whether the telecommunications companies acted in good faith. Only after that review would the courts decide whether the telecommunications companies deserve any form of liability protection.

Opponents argument for voting NAY: Rep. LEVIN. I oppose this bill because of the provisions that would confer retroactive immunity on the telecommunications
companies that participated in the Bush administration's warrantless surveillance program. It sets a dangerous precedent for Congress to approve a law that dismisses ongoing court cases simply on the basis that the companies can show that the administration told them that its warrantless surveillance program was legal. A program is not legal just because the administration claims that it is.

Rep. NADLER. The House must decide today whether to uphold the rule of law & the supremacy of the Constitution or whether to protect & reward the lawless behavior of the administration and of the telecommunications companies that participated in its clearly illegal program of spying on innocent Americans. The bill is a fig-leaf, granting blanket immunity to the telecom companies for illegal acts. It denies people whose rights were violated their fair day in court, and it denies the American people their right to have the actions of the administration subjected to fair & independent scrutiny.

Voted YES on $23B instead of $4.9B for waterway infrastructure.

Vote on overriding Pres. Bush's veto. The bill reauthorizes the Water Resources Development Act (WRDA): to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. The bill authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers. Also authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in 23 states including Louisiana.

Veto message from President Bush:

This bill lacks fiscal discipline. I fully support funding for water resources projects that will yield high economic and environmental returns. Each year my budget has proposed reasonable and responsible funding, including $4.9 billion for 2008, to support the Army Corps of Engineers' main missions. However, this authorization bill costs over $23 billion. This is not fiscally responsible, particularly when local communities have been waiting for funding for projects already in the pipeline. The bill's excessive authorization for over 900 projects and programs exacerbates the massive backlog of ongoing Corps construction projects, which will require an additional $38 billion in future appropriations to complete. This bill does not set priorities. I urge the Congress to send me a fiscally responsible bill that sets priorities.

Permanent ban on state & local taxation of Internet access.

Permanent Internet Tax Freedom Act of 2007 - Amends the Internet Tax Freedom Act to make permanent the ban on state and local taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.

Authorizes the Attorney General to seek a court order against an Internet site facilitating online piracy to require the operator to cease and desist further activities constituting copyright infringement, unauthorized trafficking of sound recordings or videos of live musical performances, or trafficking in counterfeit labels.

Allows an intellectual property right holder harmed by a US-directed website used for infringement, to first provide a written notification identifying the site to related payment network providers and Internet advertising services requiring such entities to suspend their services.

Requires online service providers, Internet search engines, payment network providers, and
Internet advertising services, upon receiving a court order relating to an AG action, to carry out preventative measures including withholding services from an infringing website or preventing users located in the US from accessing the infringing website.

OnTheIssues Notes: SOPA and PIPA, proponents claim, would better protect electronic copyright ("IP", or Intellectual Property). Opponents argue that SOPA and PIPA would censor the Internet. Internet users and entrepreneurs oppose the two bills; google.com and wikipedia.com held a "blackout" on Jan. 18, 2012 in protest. An alternative bill, the OPEN Act was proposed on Jan. 18 to protect intellectual property without censorship; internet businesses prefer the OPEN Act while the music and movie industries prefer SOPA and PIPA.

Support Lifeline program for low-income broadband.

Gillibrand signed supporting Lifeline program for low-income broadband

Excerpts from Letter to FCC chairman from 15 Senators: We write to express how deeply troubled we are that one of your first actions as FCC Chairman has been to undermine the Lifeline program and make it more difficult for low-income people to access affordable broadband. Lifeline is a critical tool for closing the digital divide--a problem you pledged to prioritize. Abruptly revoking the recognition of nine companies as Lifeline broadband providers does nothing but create a chilling effect on potential provider participation, and unfairly punish low-income consumers.

Last year, the FCC modernized the Lifeline program, rightfully refocusing its support on broadband, which helps end the cruel "homework gap" for the five million out of the 28 million households in this country with school-aged children who lack access to broadband.

By statute, the FCC has an obligation to ensure "consumers in all regions of the country, including low-income consumers" have access
to "advanced telecommunications services."

Opposing argument: (Heritage Budget Book, "Cut Universal Service Subsidies"): Heritage Recommendation: Eliminate telecommunications subsidies for rural areas, phase out the schools and libraries subsidy program, and reduce spending on the Lifeline program by reducing fraud and waste. The "Lifeline" fund, while well-intended, has been plagued by fraud and abuse, as costs tripled from under $600 million in 2001 to almost $1.8 billion in the 2013 funding year.

Supporting argument: (ACLU, "Task Force Letter"): The ACLU, a co-chair of the Leadership Conference Media Task Force, joined this letter to the FCC Chairman in response to his decisions to revoke the Lifeline Broadband Provider designations for nine providers. The ACLU has long supported expansion of the Lifeline program, which provides access to phone and broadband services for lower income families.